Opinion
Argued November 26, 1940
Decided December 31, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, RUSSELL, J.
John J. Scully for appellant.
Charles E. Nichols for New York Central Railroad Company, respondent.
Thomas J. Delaney for City of Rensselaer, respondent.
Judgment affirmed, with costs, on the ground that there was no evidence of negligence in the design or construction of the stairway. We pass on no other question. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.